GOVANSH RAKSHA SAMITI GOSHALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith by consent of the parties.

(2.) This petition is filed by Govansh Raksha Samaiti and Guru Ganesh Mishri Gopalan Seva Sangh through their authorized signatories. The challenge is to an order passed by the learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad in Criminal Revision Application No. 10 of 2022, dismissing the Criminal Revision Application. A common order passed in Criminal M.A. Nos. 332, 336, 343, 349, 350, 357 of 2022 by the learned JMFC, Vaijapur was under challenge. The learned JMFC by his order had allowed the applications of the owners i.e. Cri.M.A. Nos. 332, 336, 343, 350 and 357 of 2022 directing to give interim custody of the cows and other cattles to the owners on executing Supurtnama. Cri.M.A. No.349 of 2022 filed by the petitioner came to be rejected seeking to retain custody.

(3.) The facts in short are that one FIR came to be lodged by API, Vaijapur Police Station bearing No.282 dtd. 9/7/2022 for the offence punishable under Sec. 5(qa), 11(1)(e) and 11 (1)(h) of the Prevention of Cruelty to Animals Act, 1960 (for short "The Cruelty Act"). It is alleged that at 07.30 p.m. on 8/7/2022 he received secret information that respondent No.5 herein, namely, Nadim Jabbar Qureshi, respondent No.6 - Sahil Sattar Qureshi and respondent No.4 - Sahil Sattar Qureshi have detained cattles in the shed for the purpose of slaughtering. On receiving the information police party raided the said shed along with two panchas. They raided the shed at Millat Nagar, Vaijapur at 08.30 p.m. They found 19 cattles of Govansh breed. In the second shed they found 21 cattles including one calf and in third shed they found 10 cattles detained in cruel manner. The cattles in the first shed were belonging to Sahil Sattar Shaikh. The cattles in the second shed were belonging to Nadim Khan and cattles in the third shed were belonging to Sattar Qureshi. The owners were not found on the spot. By conducting raid the said cattles were seized under panchanama and were taken to petitioner No.2 Goshala. The cattles were thereafter shifted to petitioner No.1 - Goshala at Malegaon, Dist. Nashik.